Red-flag law used to remove guns, ammo from Vigo county home

Some neighbors say "it's about time" something was done to remove more than two hundred guns and a hundred thousand rounds of ammunition from a Vigo county home.

Posted: Aug. 20, 2018 10:38 PM

Updated: Aug. 20, 2018 10:45 PM

Posted By: Heather Good

TERRE HAUTE, Ind. (WTHI) - Some neighbors say "it's about time" something was done to remove more than two hundred guns and a hundred thousand rounds of ammunition from a Vigo County home.

55-year-old Gary Diana of Terre Haute was in court Monday. He was arrested last Friday for Felony Intimidation. According to court records, a nurse said Diana threatened to shoot her while she treated him in his home. She also told police she saw hundreds of guns inside.

Vigo County Sheriff Greg Ewing said Friday Diana had the means to act on his threat.

"I'm not suggesting that that was his intent but again, the red-flag law allows us to at least freeze the moment and have that time to do that evaluation."

Federal, state and local authorities removed the firearms from Diana's home after he was taken into custody.

Indiana was one of the first states to enact what is often referred to as a red-flag or extreme-risk protection order law. It's been on the books in the Hoosier state since 2005.

It allows police to take weapons from a person showing red-flags they may hurt themselves or others.

According to a Probable Cause Affidavit, authorities found handguns, shotguns, rifles, at least one fully automatic rifle and parts for a fully automatic .50 caliber machine gun. They seized more than a hundred thousand rounds of ammunition, a hundred pounds of black powder and explosive materials. Hand and leg restraints, three bulletproof vests and a bomb vest were also found.

One neighbor says she was fearful of Diana and is relieved the guns and ammo have been removed.

"I knew that he had all these guns and ammunition in the house and I was afraid that maybe if he had a fire it would set off all this. I had been told that it would probably blow the whole neighborhood up because of the amount that he had."

Other neighbors say they did not have any problems with Diana but feel better knowing the items were seized.

According to state law, police will have to keep the guns they've removed until a judge orders they are returned or destroyed. Individuals, like Diana, can petition to get the guns back. They can also ask that the items be sent to auction instead of destroyed so they can keep the proceeds.

Neighbors say they do not think Diana is fit to own any firearms but hope he gets the help he needs. He'll be back in court Thursday for his initial hearing.

POLL: On Friday, police and federal agents confiscated hundreds of guns and over 100,000 rounds of ammo from a Terre Haute home using the Red Flag Law. Do you think this is a good law to have on the books? @HeatherGoodWTHI#guns#redflaglaw